FISA Reform . . . WTF??????

This is very close to being the straw that breaks the camel's back.  All of a sudden the Bush Administration . . . and it's idiot henchpersons, like the heavily lacquered John Boehner in the House . . . are running around town like Chicken Little calling for INSTANTANEOUS FISA REFORM LEST THE TERRORISTS WIN!!!!!

Say What??

Rumors have beenc circulating for some time about a mystery judge slapping down BushCo on their warrantless wiretapping schemes.  The story surfaced recently in Newsweek.

A secret ruling by a federal judge has restricted the U.S. intelligence community's surveillance of suspected terrorists overseas and prompted the Bush administration's current push for "emergency" legislation to expand its wiretapping powers . . . the judge, in an order several months ago, apparently concluded that the administration had overstepped its legal authorities in conducting warrantless eavesdropping even under the scaled-back surveillance program that the White House first agreed to permit the FISA court to review earlier this year . . .

Earth to Democrats in Congress:

The lying bastards in the Bush Administration have been caught violating the law. Title 50 U.S. Code, Chapter 36, subchapter 1, Section 1809 says:

A person is guilty of an offense if he intentionally—
(1) engages in electronic surveillance under color of law except as authorized by statute. . . An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.

Concommitant with the signing of this bill into law, the then-President of the United States made a signing statement - one of those so beloved by the criminal Bush:

Foreign Intelligence Surveillance Act of 1978 Statement on Signing S. 1566 Into Law. October 25th, 1978:

The bill requires, for the first time, a prior judicial warrant for all electronic surveillance for foreign intelligence or counterintelligence purposes in the United States in which communications of U.S. persons might be intercepted. It clarifies the Executive's authority to gather foreign intelligence by electronic surveillance in the United States.

The FISA Act applies ONLY to government employees, agents or officers. It may only be violated under color of authority . . i.e., under the power of the government.  It is a per se statute . . . it does not require mens rea (evil intent). . . and the statute does not enumerate an elaborate list of elements of the crime.  It is simplicity personified:

If you wiretap without a warrant . . . it is a felony punishable by up to 5 years in prison and a $10,000.00 fine.  Per violation.  1,000 wiretaps = 5,000 years in prison and a $10,000,000.00 fine.

The Bush/Cheney administration is the most lawless in US history.  They have now been CAUGHT violating Federal law, and they desperately want the Democrats to PARDON then retroactively.  THIS IS A BIG FUCKING DEAL!!! And the most easily provable high crime and misdemeanor when impeachment hits the nitty-gritty. They've admitted the violation . . . they claim the laws don't apply to them and they don't need no stinkin' warrants!!

Kossacks unite, you have nothing to lose but your chains!!  Let your Reps and Sens know that the pursestrings will be tied if they cave in to ex post facto approval of criminal behavior by Republicans.

•  Tips . . . to pay for enhanced security

  and counter-surveillance efforts around the Devo household.

  by bobdevo on Thu Aug 02, 2007 at 08:44:02 AM PDT

  •  What I Don't Want To See...

    ...is any retroactive immunity given to BushCo.

    by brentmack on Thu Aug 02, 2007 at 09:31:01 AM PDT

•  Or

  perhaps it was a nasty little shit like Silberman and the administration pointedly put someone up to bringing this before a court so the conservative judge could slap it down and the administration could go crying to Congress, "Think of the babies!  Look what the judge did!  Bin Laden is playing shadow with your kindergartners right now as they so sweetly and innocently walk home thinking all is safe.  We must act now and, while we're at it, the WH must be exonerated for past activity, too, or the terrorists win."

  by lgrooney on Thu Aug 02, 2007 at 09:00:58 AM PDT

•  Congress has been complicit in this and

  so they will certainly cave as they rush to protect themselves for not exercising oversight responsibilities.

  by quantumspin on Thu Aug 02, 2007 at 09:03:25 AM PDT

•  data mining

  After all this testimony about the TSP, there are 2 things that are clear to me...

  1. Bush doesn't care what the law says

  2. If the law says he can't, he will anyway under the disguise of "classified"... and if anyone calls him out on it, he claims "executive priviledge".

  BULLSHIT!

  Now it has been said that the TSP program falls under the FISA act, and it now it seems that Bush has not payed attention to what the law says, and has gone ahead doing what he wants to do anyway. This is a crime in itself against this country and is reason good enough for me to boot his ass off the throne! When it is a crime against of this sort, it could be considered by some as treason!

  But what hasn't gotten the attention it so deserves is the subject of data mining. Congress also outlawed data mining, and Bush has ignored this law too. And they have the balls to say so what.

  SO, what about it Congress???
  Remember that milk commercial that asks "got milk" and somebody is shown with milk on their lips?
  Well I think the new question should be... "GOT BALLS?" to Congress. The ape on the throne does.

  by bfsid on Thu Aug 02, 2007 at 09:58:11 AM PDT